HYPOTHETICAL CASE STUDY  

 

• Introduction to the employees in the workplace   

• Receipt of the sexual harassment and bullying complaint  

 

INITIAL RESPONSE  

 

• Triage issues to identify likely causes of the complaint and alternative methods of resolution;  

• implement the right reasonable response action for better outcomes with reference to applicable workplace policies and procedures;  

• understand the types of investigations;  

• determine whether an investigation is necessary or not;  

• understand the implications of applicable enterprise agreements, policies and contracts of employment;  

• identify an investigator within the organisation or external;   

• claim and maintain legal professional privilege   

  

PLANNING AND PREPARING FOR THE INVESTIGATION    

 

• Create a clearly defined scope letter;  

• frame allegations and provide meaningful particulars;  

• communicate with relevant parties;  

• understand the practical application of legal terms such as standard of proof and natural justice/ procedural fairness;  

• prepare an investigation plan including establishing timeframes  

 

THE INVESTIGATION PROCESS   

   

Conducting an effective investigation process   

• Gather evidence;   

• decide who to interview and in what order;  

• set expectations of stakeholders;   

• keep accurate and confidential records;  

• determine whether to use experts or not;  

• protect confidentiality;  

• develop investigative interview techniques and style;  

• troubleshoot common investigation issues and legal risks;  

 

FINALISING THE INVESTIGATION AND NEXT STEPS   

 

• Review evidence including resolving issues such as 'credit worthiness' and drawing adverse inferences;  

• make well-reasoned findings of fact;  

• compile a report